![]() ![]() The judgment also means that other defendants convicted under the law within the 5th Circuit Court of Appeals’ jurisdiction could seek to challenge their convictions under the new ruling. ![]() The officers did not administer a drug test the night of the stop, but Daniels admitted that he was a frequent user of marijuana. “As applied to Daniels, then, (the federal gun law) violates the Second Amendment,” Smith wrote.ĭaniels had been arrested in April 2022 after law enforcement officers searched his car during a stop and found marijuana butts and two loaded firearms. Daniels had been sentenced to nearly four years in prison and three years of probation. The ruling means that the man who brought the challenge to the regulation, Patrick Daniels, will have his July 2022 conviction under the law thrown out. “Nor do more generalized traditions of disarming dangerous persons support this restriction on nonviolent drug users.” “In short, our history and tradition may support some limits on an intoxicated person’s right to carry a weapon, but it does not justify disarming a sober citizen based exclusively on his past drug usage,” Circuit Judge Jerry Smith, a Ronald Reagan appointee, wrote for the panel. Caleb Boggs Federal Building and United States Courthouse on Jin Wilmington, Delaware. Hunter Biden, son of US President Joe Biden, departs the J. ![]()
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